FTC: New HSR Thresholds for 2019

The annual adjustment of the dollar thresholds for pre-acquisition filings under the Hart-Scott-Rodino Act will take effect late March. All transactions closing on or after the effective date will be governed by the new thresholds.

For the purposes of applying the thresholds, "person" means the ultimate parent entity of the party engaged in the transaction.

Note that certain exemptions may apply depending on the nature of the transaction and the nature and location of the assets and entities involved. Consequently, additional analysis is often required before making a final determination regarding the need for a filing.

Filing fee thresholds also have been adjusted:

  • $45,000 for transactions below $180 million
  • $125,000 for transactions of $180 million or more but below $899.8 million, and
  • $280,000 for transactions of $899.8 million or more